Naqvi v Harris Cartier Ltd & Ors

Naqvi v Harris Cartier Ltd & Ors

The claimant's allegations of professional negligence have no real prospect of success as the instructions and evidence provided did not support a viable race discrimination claim against Ms Godson, and the quantum allegations are speculative. The claim is not an abuse of process except as regards the presentation of the pleaded discrimination claim, but summary judgment is granted to the defendants.

Parties
Claimant: Kamran Naqvi; First Defendant: Harris Cartier Limited (in liquidation); Second Defendant: Richard Slade & Co; Third Defendant: Jeffrey Bacon; Fourth Defendant: Brian Levy
Jurisdiction
England and Wales
Judgment Date
15 November 2019
Procedural Posture
Professional Negligence / Summary Judgment and Strike Out Applications
Outcome
Summary judgment granted in favour of Second, Third, and Fourth Defendants; claim dismissed against them.
Legal Topics
Race Discrimination, Duty of Care, Abuse of Process, Summary Judgment, Quantum of Damages
Employment Law Professional Negligence Civil Procedure Race Discrimination Duty of Care Abuse of Process Summary Judgment Quantum of Damages

Case Brief

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Parties

Kamran Naqvi

Claimant

Harris Cartier Limited (in liquidation)

First Defendant

Richard Slade & Co

Second Defendant

Jeffrey Bacon

Third Defendant

Brian Levy

Fourth Defendant

Procedural Posture

Professional Negligence / Summary Judgment and Strike Out Applications

Legal Issues

  1. 1 Whether the defendants were negligent in failing to formulate and advance a viable race discrimination claim based on Ms Godson's conduct
  2. 2 Whether the claim should be struck out for abuse of process as an impermissible collateral challenge to the ET decision
  3. 3 Whether the quantum allegations have a real prospect of success

Ratio Decidendi

The claimant's allegations of professional negligence have no real prospect of success as the instructions and evidence provided did not support a viable race discrimination claim against Ms Godson, and the quantum allegations are speculative. The claim is not an abuse of process except as regards the presentation of the pleaded discrimination claim, but summary judgment is granted to the defendants.

Court Disposition

Summary judgment granted in favour of Second, Third, and Fourth Defendants; claim dismissed against them.

Orders

  • Claimant to pay costs of the application and action to Second, Third, and Fourth Defendants, subject to detailed assessment.
  • Claimant to pay 50% of total figures shown in Statements of Costs for application and action within 28 days.